Loading...
HomeMy Public PortalAbout1999 Agreement SCSI-Permits Plus.tifRESOLUTION NO. 99-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RE -AUTHORIZING THE VILLAGE MANAGER TO PURCHASE A BUILDING PERMIT SYSTEM FROM SIERRA COMPUTER SYSTEMS, INC.; AMENDING THE BUILDING, ZONING, AND PLANNING FEE SCHEDULE BY PROVIDING FOR A NEW FEE TO PAY FOR THE COST OF PURCHASING AND MAINTAINING THE BUILDING PERMIT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1993 the Villager Council authorized the Manager to enter into a contract with Sierra Computer Systems. Inc. to purchase and install a building permit system; and WHEREAS, in 1993 the Village and Sierra Computer System Inc. mutually stopped the installation of the system; and WHEREAS, the Sierra "Permits Plus" version is a windows based environment which includes a significant number of upgrades over the system that was originally contemplated by the Village in 1993; and WHEREAS, the Building Official has found that the current Filemaker Database system is inadequate in that it fails to provide the administration with an effective way to produce reports, tracking of plans, inspections, permits, licenses, and violations. WHEREAS, pursuant to Section 2-85 of the Key Biscayne Code, it is impractical to re -bid this project as the Sierra Computer Systems Inc. has agreed to provide a credit of $17,664.80 which was previously paid; and WHEREAS, Sierra Computer Systems, pursuant to Section 2-86 of the Key Biscayne Code, has recently gone through a competitive bidding procedure leading to the award of the bid or contract that is substantially similar to the bidding procedure that is used by the Village; and WHEREAS, pursuant to Ordinance 96-4, enacting Section 6-3 "building Permit Fees" and Section 30-1 :"Zoning and Planning Application Fees", the Village Council is authorized to provide fee schedules for building, zoning, and planning regulatory services by the Village; and WHEREAS, the Village Council has determined that the users of the building permit system should pay for the cost of purchasing and maintaining said system. WHEREAS, the Building Official and the Building, Zoning, and Planning Director has determined that the current building database program is inadequate as it does not provide the capability of tracking plans and producing reports that are required by the South Florida Building Code. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is re -authorized to purchase a building permit tracking system from Sierra Computer Systems, Inc. and to execute the attached agreement. Section 2. That Sierra Computer Systems Inc. has completed a bid and award procedure with another governmental authority (Miami Beach RFP # 55-97/98) that is substantially similar to the competitive bidding procedure that is used by the Village (Section 2-86 of the Key Biscayne Village Code). Section 3. Funding to complete the purchase, installation and continued maintenance and software support of the Sierra Permit Plus System will be paid from revenues generated by a fee (R0000 -1-329) as indicated in Exhibit "A" thereby amending the Building, Zoning, Planning Fee Schedule accordingly. Section 4. Payment for the internet software shall occur at the completion of the installation of the entire Permit Plus System. Section 5. That this resolution shall take affect immediately upon adoption. PASSED AND ADOPTED this 12th day of January 1999. ATT T: C • ' HITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL S RICHARD J. WEISS, VILLAGE ATTORNEY This document was prepared by: Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Dept. cA3F. MAYOR JOE I. RASCO EXHIBIT "A" That the Building, Zoning, and Planning Fee Schedule is hereby amended to include the following fee: N. PERMIT SYSTEM FEES For every building permit (building, electrical, public works, plumbing, mechanical, signs and zoning) a fee of six dollars ($6.00) shall be assessed. These fees shall be used to purchase and maintain the building permit system including software and upgrades. Village Council Joe I. Basco, Mayor Gregory C. Han, Vice Mayor Scott Bass Martha Fdez-Lc6n Broucek Alan H. Fein Mortimer Fried Robert Oldakowski Director Jud Kurlancheek, AICP 1 VILLAGE OF KEY BISCAYNE Department of Building, Zoning and Planning TO: C. Samuel Kissinger, Village Manager MEMORANDUM January 4, 1999 FR: Jud Kurlancheek;"AICP, Director Building, Zoning, and Planning Director RE: Purchase of A Building Permit System and Establishment of a User Fee REQUEST The attached resolution requests the Council to re -authorize the Village Manager to purchase a building permit system from Sierra Computer Systems. This item was continued from the December 8 meeting in order to provide staff with an opportunity to address funding and maintenance questions. EXPLANATION Background: In 1993, the Village authorized the Manager to enter into a contract with Sierra Computer Systems, Inc. for the purchase and installation of a "state of the art building permit and tracking system. During the installation process, the parties mutually agreed to terminate the contract. It appears from discussions with staff who were present at the time, that the recently hired Building, Zoning, and Planning Director found, during the installation process, that the system was not compatible with McIntosh Computers that were ordered and there were problems with the installation of the system. A database program called "Filemaker Pro" was installed in place of the Sierra system. The Filemaker Pro program was modified by staff to provide information in list form or by specific inquiry. Current Status: The Filemaker Pro database does not provide any reporting features nor is it automated in terms of tracking permits, inspections, violations, approvals, denials, or occupational licenses. It also is not accessible through the intemet. The Building Official, in his October 16, 1998 memorandum (attached), found that the present system is "inadequate and requires immediate attention" and that "there are serious flaws with our computer capabilities and the information that is required for us to conduct business in a professional manner". My observations and experience indicate that the Filemaker Pro Database does not provide sufficient tools to manage the permitting process . Without monitoring, tracking, and reporting features, management does not have the tools to implement a better system to meet the needs of our citizens, contractors, or architects. Upon reviewing the Building Officials concerns, I initiated discussions with representatives from Sierra Computer Systems. They have visited our offices and conducted a three hour demonstration with staff. Following the presentation, the Building Official and inspectors urged me to initiate efforts to acquire the Sierra program. I also have "hands on" experience with the Sierra Permit System. The Sierra System has been deployed all over the country in over 250 states, counties, and municipalities. In Florida, their clients are Gainsville, Hillsborough County, Leon Count, Orange County, Osceola County, Tallahassee, West Palm Beach, and Miami Beach (see attached list). I am pleased to report that I have negotiated an agreement that provides a 100% credit for the $17,664.80 that was spent by the Village in 1993. Additionally, they will install their current version of their "Permits Plus" system with Internet connectivity. This "state of the art" system will allow contractors, architects, contractors, and property owners to access our building records for purposes of tracking permits, inspections, violations, licenses, zoning approvals etc. The Sierra Plus System is a window based environment. It has been significantly upgraded over the version that was introduced to the City in 1993. The cost of the new system is $ 57,835 minus the credit of $17,664.80 for a balance due of -- $40,107.20. The agreement calls for the standard maintenance and software support services of $5,547.50. The agreement also provides for the installation, training, and support services. It is not necessary to put this project out to bid because it meets the — requirements as set forth in Section 2-86 of the Village Code (See attached resolution). Funding: Funds to purchase and maintain the system with support services from Sierra will be generated from a fee of $6.00 per permit application. Maintenance and support costs are estimated at $5,000 - $6,000 per year or approximately $2.00 per building permit application. The remaining $4.00 will be used to purchase the system. The $4.00 fee will generate approximately $12,000 per year. Since the system is costing $40,107, this fee ($4.00) will pay for the system in 3.34 years. At that time, the Village has the option of reducing the total fee by $4.00 or upgrading the system to a newer product. The attached table provides data which was used in developing the fee. The agreement calls for upgrades at no cost to the Village. 2 Maintenance and Support Services: The agreement provides for the continued maintenance and support services from Sierra. Staff has discussed the need for these services which is addressed in a attached memorandum from the vendor. The agreement also requires Sierra to provide enhancements and upgrades at no cost to the Village. Once Village staff gains experience with operating the system, it is expected that subsequent budget allocations for support services will be reduced. Internet Connectivity: The software will provide the ability for anyone to access our building records for purposes of ascertaining the status of permit applications, occupational licenses, violations, variances, or assembling data. Payment for the internet software will occur at the end of installation. RECOMMENDATION It is recommended that the Village Council approve the attached resolution which: 1. Re -authorizes the Village Manager to purchase the Sierra "Permits Plus" Building Permit System. 2. Payment for the interconnect software will occur at the end of the installation 2.' Establishes a fee to fund the cost of acquisition, installation, and continued maintenance and support services. 3 PERMIT DATA - 1998 ',,,p'i.YfK,'.Cj r'F 4,+`}sa xf o' r�t,,,- , . ,. .. . ,.,, ��W�a Sr� } p, g�� §, 7,-- ,�5S+ �7fi5,tFj} Y","`e'�, .7a'riYw t� t7� 43•���:•;,}} gi�$� +� C.' -','A,xt{Ph ����?i�� i .,:z, �Y. �+: =.3`. . + ,, . ,� `, ,-,4 ,} o ve#,`• ,t, .... ,ry' <°s i.} 'k, 4'0 ' r} ,.ov� ,..S60 , ao- d C d' y��y�lr`r IsE +�h�n a ,, J�rJ• 'sr x k�34�b:. � '.:•,,,....,,,..,„,,,.€q,,,,, ' A, ke '� �,'� '+ " +cW j , . 4.#,�,a..3, ,,„ „ It Fe ;' II�TM'Mt',� , Building 1,354 468,243.75 Electrical 562 89,876.9 Public Works 33 7,189.35 Plumbing 643 54, 091,36 Mechanical 351 61,965.40 Zoning 13 920.00 Total 2,956 $ 682,286.76 •;t 4 VILLAGE OF KEY BISCA.YNE Village Council Jolla r: (csta. Mayor .oailnec Fried. Vice Mayor vlActha Fact -Leon lkoucck Gregory C. Han Hugh T. O'Reilly Michele Pidovan Betty Simc October 16, 1998 Department of Building, Zoning and Planning MEMORANDUM To: Jud Kurlencheek, AICP, Director From: Leo Llanos, P.E., Building Official This is to advise you that our current system of issuing permits, inspections -and tracking of permits is inadequate and requires immediate attention. As you and 1 have discussed there are serious flaws with our computer capabilities and the information that is required for us to conduct business in a professional manner. I- am required under the South Florida Building Code to track permitting records and to notify the permit holder of pending actions such as expired permits, expired temporary certificates,. expired plans under process, etc. In addition, we have no system for tracking plans being processed with an aging record, no system for reporting daily inspections and results per trade etc. We should be able to issue permits, inspections and results using only the front desk computer station, permits are required to be printed on a weather resistant card and inspection tickets are required to be on a two part form, one of which is left on the job site as a record, the original comes back to the street file and becomes a part of the permanent record. We have a large number of permits that have not been closed out by the contractors and have subsequently expired, unfortunately this has caused a great hardship to residents and new owners who have encountered these problems, sometimes right before a closing of a property when the lawyers research our fifes and find no final inspections. on permitted work. This situation must be resolved without delay as we continue to issue over 300 permits a month and the total number of permits issued to date is staggering. Our code enforcement notification system and civil violations procedure should be revamped to allow the Code Enforcement Officer access to "pull down menus" listing types of violations with respective code sections and fines, without having to -research the Codes every tune. A Code Enforcement Officer should be capable of issuing a two part Civil Violations Notice right at the job site with the proper equipment and software. Jud, 1 recommend that we purchase a proven software package specifically written for the use of building departments as soon as possible. 85 West McIntyre Street • Key Biscayne, Fiocida 33149 • (305) 365-5511 • FaX (305) 365-5556 MISS{UN sareme.NT f) PRUNUI A SAPS. QUAUTY COMMUNITY EIYVIRONMCHT I'UR AU. {SIANt)CRS TIIK< (GI1 ><LSI•UNS{FLE GOvei 4MENT- 11E, IFR CCMPLfTCta SYSTCMS . ologo 'PERMITS' Plus Windows© Version TOWN OF KEY 13ISCAYNE, FL. November 24, 1998 These costs are valid until December 31, 1998 - Eight user Concurrent `PERMITS' Plus °License (Includes Microsoft Access Database Engine) - PERMITS' NeenA - Credit for amount paid toward `PERMlTS'M system in 1993 SUBTOTAL Up to 180 Hours at S92.00 Per Hour for Implementation Assistance Travel Time (2 visits) 36 hours Design Review/Assistance 48 hours Development of up to 4 Csses/Permits 60 hours 1. Building Permit — 24 hours 2. Electrical Permit 12 hours 3. Plumbing Permit -12 hours 4. Mechanciat Permit --12 hours Valid Street Name Creation/Conversion 0 hours Contractor Database assistance 0 hours Telephone/Management Support 12 hours Project Management 24 hours (If more than one department or functionalcgroup, add 25 hours each) - Assessor Parcel conversion (One fixed length record) - Training at User site $1,100.00 Per Day (Plus Expenses) - Four days -- Assistance with PERMITS' NetTM (15 hours @ $92.00/hr.) -- Sales/UseTax on half of Annual Maintenance Support - Estimate Expenses (Two Trips -Air Farc, Hotels, Car, Food) Maintenance Fees - Software Support per year - Annual Maintenance Support for 'PERMITS' Nana Optional - `PERMITS' TrueGtS1M - 'PERMITS' Voicem - 'PERMITS' Sca,,%ITM - 'PERMITS' PDATM Cost $5,000.00 $5,000.00 $2,000.00 $5,000.00 (Amount of assistance for the above options TOTAL TOTAL $15,495.00* $ 9,500.00 ($17.664.80) $ 7,330.20 -$16,560.00 $ 4;500.00 $ 4,400.00 $ 1,380.00 $ 0 6.000.00 $4.0429.2Q $ 4,287.50** $ 1,260.00 1-1,541.51-0 Annual Support For Options S52100 $525.00 $210.00 $525.00 is unknown until defined by the user.) 1731 W. WALNUT AVE.. VISALIA, CA 9]277 PHONE: 109.6/7.19Si FAX: 109.627.4906 1 of 2 E-MAIL.cCcl( peri INTERNET- hm://www.perrn1 CC]MPUTER SYSTEMS UJD `.PERMITS' Plus® Key Features Here is some information regarding the differences of 'PERMITS'Plus® running in a Windows environment, and `PERMITS' DOS/UNIX. This not intended to be an exhaustive list, but l have attached some primary differences and enhancements between the two versions. 1. Since 'PERMITS' Plus® is Windows based, it's memory management is much more efficient than any DOS product including our own. 2. `PERMITS' Plus® being Windows based allows connectivity to other Windows products due to DDE communications. These applications might be word processors, document management systems, GIS systems, CAD systems or work order management systems. 3. Screen design, by the agency, is much easier and more flexible by using the `PERMITS' Plus® Composer. The number of system defined and user defined data fields available for placement on screens has been greatly increased over our DOS product. 4. In the previous DOS product, an activity (e.g. permit, license, complaint, etc.) could only have one script. The editor for the script was a single line editor and did not allow for cutting and pasting of lines from one location to another within the script. The 'PERMITS' Plus® Composer will now allow multiple scripts within a single activity type. Scripts can be defined for individual screens of the activity or for certain events we call `triggers'. A trigger would cause a unique script to run whenever the `UPDATE' button is selected, or when fees have been paid, all department approvals have been completed, all conditions of approval have been completed, all required inspections have been signed off or at the initialization of an activity. The `PERMITS' Plus® scripts are maintained using a true Windows editor and will allow for lines to be cut and pasted from one portion of the script to another or even pulling lines of code from one script to another. 5. `PERMITS' Pus® allows for connectivity to the other applications in ways never before possible in DOS. Through the use of Dynamic Data Exchange (DDE) data can be passed from `PERMITS' Plus® to another application. 6. Sierra's new product `PERMITS' Nett' allows for making an agency's activity data available on the Internet for access by constituents. This is not available in our DOS application. 7. Our new OfceLinkw product will allow word processing documents, spreadsheets, staff letters, CAD drawings, etc. to be attached to a project or activity where they logically belong, 8. Electronic plans submission, review, and response are all possible by utilizing OfficeLink''" and AutoDesk's 'AutoDesk View' or other red lining software. 9. GIS connectivity is available in `PERMITS' Plus® with more flexibility than in DOS. 10. Trust accounting will now allow for accounts to be assigned to both contractors and permits where only contractors could have them in the DOS version. 1. Search `filters' work more efficiently in `PERMITS' Plus®. These allow for an activity search (e.g. by address) to be reduced to possibly only new single family building permits, or just new commercial, and/or for a specific date range. 12. Reports may now be scheduled to run at various times and days. 13. Activities may be scheduled to calendars for Council, Planning Commission, or any custom calendar the agency would care to define. 1731 W. WALNUT AVE., vISALIA. CA 93277 E-MAIL- ses!(®permtanet.coaa ounut7. 2119.627.1959 FAX; 109.627.4906 INTERNET- http I/www.permittatt mm PIM i 1 E 1P1 R A CQNet PUTEA SYSTEMS INC . 14. The 'PERMITS' Plus® version has a new feature called 'PERMITS' Workflouina which will allow the agency to track the status of a plan review or other process in a graphical way. This replaced the previous `Routing' portion of the DOS application. 15. New to `PERMITS' Plum which has not been available in previous versions is the ability to create individual inspector calendars. As inspection requests are received, the software can automatically assign the request to the appropriate inspector based on available time on their calendar. 16. The 'PERMITS' Plus® Document Editor allows for quality permit documents, notification letters and custom receipt documents to be created which have data 'drill -down' into the associated activity types to merge related data into the documents. 17. Due to inherent capabilities within Windows, it is possible to print a permit, notification letter, or report on any printer on the network including a FAX. At Sierra Computer Systems, Inc., 'PERMITS' Plus® is the flag ship product of our company. A vast majority of our staff resources are being invested here and, as a result, many of our existing DOS and HP -3000 legacy sites are migrating to `PERMITS' Plus®. I have mentioned some of the highlights of this product. If you have any further questions, please feel free to contact me at (559) 627-1959 Ext.#112 or by E-mail at `ipruitt@permitsnet.com'. -- Sincerely, • C. Lany Pruitt Project Manager/Marketing Technical Support 1731 W. WALNUT AVE., VISALIA, CA 93277 PHONE: 209.627.1959 FAX: 209.627.4906 E -MALL- scsiSpermitsMc oom INTERNET- bttp:/hrrew.permivast.aem `PERMITS'Plus Gold ® Maintenance At Sierra Computer Systems, we are committed to assisting our clients achieve a high level of `up -time'. In order to reach this goal we have created PERMITS'Ptus Gold C3� maintenance. Under `PERMEIS'Plus Gold 0 maintemume, agencies will have comprehensive maintenance for 'PERMITS' Plus. If a 'PERMITS' Plus related problem is encountered, it will be investigated to the utmost extent, by our skilled staff, who will endeavor to resolve it as quickly as possible. When Sierra identifies a program problem, we will correct it and supply the appropriate `patch' release. If others agencies identify problems, we will also make available those corrections without additional charge to you. Always, when you are covered by a maintenance agreement, Sierra will provide you with enhancements and upgrades at no charge as they are released. In reviewing calls processed through our Customer Support and Service Desk, we have found that numerous times these calls are to answer questions about procedures and administration of non - 'PERMITS' Plus software products. The three areas that generate the most questions are Database Management Systems (DBMS), Networks, and Operating Systems. Where possible, Customer Support will assist the agencies, regarding these issues, in an effort to keep the agency up and running. Nov 25 I3 1I:17a CraiC GiLdro� w 360 651 1296 P. 3 111.1114 ma er, Ft viz Allik .......___.......„.,..\\„c...- .... ..,.._______ COMPUTER SYSTEMS . Irw . NOTES: - PERMITS' Gold T'4 Support, Upgrades as well as limited support of data base engine and — Networking etc. - Microsoft ACCESS run time data base engine is included in these costs. - First six months of Software Support from date of purchase is provided at no additional charge. - Above costs do not include computer or networking hardware/software, drivers. - Sales and/or Use tax will be added to the PERMITS' Plus ® maintenance as applicable. ,_ - Please note that we support the TCP/IP as the network communications protocol, if using any other protocol we would need to see your configurations to. verify compatibility. - *Databases other than Access require as additional $3,000.00 license fee. - **Client/Server carries an additional support premium of $3,000.00. Conversion from Access to Client/Server may require 25-50 hours of assistance and an additional on -site visit. - Data Bases other than Access may require Windows 95 or NT. - PERMITS' Workfloten4 is not included. — - This quote supersedes any previous written or verbal estimates for product and installation services. MM. 113C W. WALNCT AVE., VISALIA, CA 93 slrgl 271 2 Of 2 E-MAIL-sc prrmltsret., sunuu.'too Al, i SAX_ 209627.4406 tNTEItNET•httpJ/www.pertdtsaetd 54,•"...- -.St11:2KtS:iL„3•,•7f. Lora Nrp=-=AL'hr•.- a, _+ ,....flute.. m-,4CXJ'sw,--terdeXA sa'i,A.rk:c •.c,:r* �c.. au'f✓+t:"titu+s+�•�•:�w.:.•�r� ter, i::.. 'tee .•Y•dunk`E •au:n.tiy,•-:•n.Y:tsr!r•-+s.�•: t�'=- •. (209) 627-1959 SIERRA COMPUTER SYSTEMS, INC. AGENCYS THAT HAVE SELECTED PERMITS TM 1125/98 71.••.-..: J!•• TY/COUNTY HOW CDNTACrNAME PHONE SINCE POP CM/COUNTY NOW CONTACT F(A NI PHONE ARIZON4 ANDLER,AZ-CITY OF PC- ,RIOOPA COUNTY. AZ WIN )HAVE COUNTY, AZ UNX )HAVE COUNTY, AZ UNX )HAVE COUNTY, AZ UNX K) VALLEY. AZ • TOWN OF PC- ORIA. AZ • CrTY OF WIN ORtA, AZ • CITY OF PC - AA COUNTY TUCSON, AZ WIH 4A COUNIY/ruCSON, AZ PC- tESCOTT VALLEY, AZ • CIT PC - 10w LOW, A2 • CITY OF WIN APE, AZ • CITY OF WIN IMA COUNTY• AZ PC - ;MA COUNTY. AZ PC- TRESA MCDONALD (602)18120 CHUCK LOLL DGE (602)506.7144 SUZANNE MCCLINTOCK (520) 753-0740 CAROL HACK (520) 763.0740 CHRIS HEIT14ANN (520)763.0740 MARYANME COCIO IBRAHIM MASWMANI IBRAHIM MASLAMANI BARRY GILLASPIE MISSY KERN CHARUEMONTALBANO ADRIAN WILUAMSON BILL STROUT KYLE RIMEL ELAINE TAYLOR (520) 797.9797 (602) 4124232 (602) 4127226 (520) 740.6507 (520)740x812 (5201775-5512 (520) 537.5724 (602) 250.8808 (820)713.0740 (5201329•090 2/1/95 91 K 6,30,98 0 K 1/1184 94/C 1/1/94 84 K 111194 94X 9/1/94 7K 911/98 80 K 711/94 51 K 6E3/97 680 K 811193 667K 9/1194 9 K 311/96 6K 4/1188 145K 611195 107 K 611195 107K CALJFORN/4 AMEDA, CA • CITY OF WATER, CA- CITY OF USA, CA - CITY OF MN WIN PC- x2RSFIELD, CA • CM' OF PC. KERSFIELD,CA - CITY OF WIN MOW, CA- CITY OF WIN RSTOW, CA • CITY OF PC- /ERLY PULLS, CA • Ct1Y 0 HP - A, CA • CITY OF WIN NTw000, CA • CTIY OF MN NA PARK, CA • CITY OF WIN TE COLLEGE -BLDG INSP WIN AVFRAS COUNTY. CA PC- LSBAD, CA - CITY OF WIN LSBAO. CA - CITY OF HP- -IEDRAL CITY, CA - QTY WIN 0, CA - CITY OF PC - .A VISTA, CA - C1TY OF PC- AV15TA,CA•CITY OF WIN A VISTA. CA - Co? OF WIN AEAC6, CA - C)TY CF WIN 10N. CA • CRY OF PC. MI1MTV'. C WIN MICHELLE MIMED JESS BROWN ROY BRUCKNER STEVE EWING PIHI. BURNS MARLOWE KULSETH MARLOWE KULSETM ARENA CRINSLAT KAREN HAWZA JON ELAM LOTHAR LOEHR ANITA AGUI AR HOWARD STOHLAMIN 8111. BAER BILL BAER GARY GESKE AL SALAZAR BRAD REMP BRAD REMP RICKEY REYES 809 ZARLU HELEN BROWN WO( SMflH (510) 748.4600 (209) 723.3153 (326) 812.8238 1805) 3264677 (805)328-3718 (789) 2564531 (780) 2584531 (310) 2862582 (714) 671.4419 (926) 634-6840 (714) 662.353E (530) 095-2219 (209) 7349051 (760) 434x914 (780)434.2614 (760) 770.0361 (530)685.4947 (618)585.5623 (6119) 691.6007 (324 7224805 (310) 605.5508 (925) 335.1186 J 01/96 S0K 11/1/97 22K 1111/95 -z 42 K 811192 175 K 8/1/92 182 1( 7/15/98 23 K 11/1193 22K 3/1188 32 K 7/X1!97 33 K 511195 8 K 701/98 0 K 1031/97 0 K 511/94 32 K 4723/97 60 K 1211167 64 K 1128/96 31 K i11/93 41 K 611192; 136 K 6,1182 141 K 611192 141 K 2/1/91 60 K W1193 91 K 4/15197 804 K CULVER CITY, CA • CITY OF HP- MICHELLE SEALS CULVER CITY, CA - CRY OF WIN MICHELLE SEALS DOS PALOS, CA • CITY OF WIN JESS BROWN FONTANA, CA - CRY OF PC- DICK JENSON FONTANA. CA • CITY OF WIN DICK JENSON FULLERTON. CA • CITY OF PC- KEN BANE RILROY, CA • CITY OF PC- NANCY MCDONALD GUSTINE, CA - CITY OF WIN " JESS BROWN HERMOSA BEACH, CA. CITY PC- JOE DUCKETT IMPERIAL COUNTY, CA PC.- JURG NEUBERGER KING CITY, CA - CITY OF PC- ROBERTMCRENO LA MESA, CA • CITY OF PC- SUSAN HEAVISIDE LAGUNA BEACH, CA • CITY PC- CHRIS KREYMANN LAKE COU4T1, CA - COUNT WIN CRAIG OUVER LEMON GROVE, CA • CI)YO WIN JULIAN MOORE UVERMORE, C • CITY OF WIN JAMIE ALDRED LIVINGSTON, CA - CITY OF WIN JESS BROWN LODI. CA - C1T'YOF WIN MARK MEISSNER LOS BANOS, CA - CRY OF WIN JESS BROIMM LOS GATOS, CA -CRY OF UNX SILL !mown' LASGATOS,CA- CITY OF UNX (.ZNTACHABANA MANHATTAN BEACH. CA -CI PC- GAURAVORLI , MAYWOOD, CA • CITY' OF PC• MICHAEL WILLIAMS MERGED COUNTY ASSOC. 0 WIN JAMES FIELDS MEFCEO COUNTY ASSOC. 0 WIN JESS BROWN MERGED COUIITY. CA PC- lane 80MMARTfO MONROVIA, CA • C)7Y OF PC- ROBERT KASTENSAUM MONTEREY COUNTY, CA WIN BILL HOPKNS MONTEREY PARK CA -CRY PC- TERESACADERA MONTEREY, CA - CITY OF WIN MICHELLE ALBANESE MORENO VALLEY, CA - CITY PC- LEADEESING MURRIET'A. CA- CITY OF WIN DENNIS BLUNDELL NAPA, CA - COUNTY OF 'PC- MIKE MILE NEWARK, CA - CITY OF WIN RAY COLLIER NEWPORT BEACH, CA • CIT WIN FAISALJURDI NORCO, CA - CITY OF PC- LY3*4 CRANDEIL ORANGE COUNTY, CA PC- MIKE JONES PALM SPRINGS, CA • CITY 0 WIN SAM DOLIJNAN PALMDALE. 0A - CITY OF PC- SHANE WALTER PALMDALE. CA - CTTY OF WIN SHANE WALTER PASADENA, CA- CRY OF UNX LISA STNSTROM oean IY) t 63. CA • CITY OF WIN DAVE MC CUE (310) 253-5959 (310) 253-5959 (209/ 723.3163 (909) 3504758 1909) 350-6758 (714) 7384561 (408) 848-0430 (209) 723-3153 (310) 316-0253 (760) 339-4236 (83113853281 (619) 887-1176 (714)497-0350 (707) 253.2382 (8181464.6834 (928) 373-5053 (209) 723.8153 (2097333-6711 (209)723-3153 (408)254.4615 (550)960.1010 (310)545-5621 (213) 582-'5000 (209)723-3153 (209)385.7507 (626)3593231 (408) 755-5141 (626) 307-1306 (831) 648.3709 (902) 413-3414 (909) 698-1 040 (707)2534416 (510) 793-1400 (949) 6442277 (909) 270-5636 (714) 8344900 (760) 322-0331 (805) 257.5382 (805) 267.6382 (6719 744.6845 (805) 227.7402 SINCE POP 11/1190 39X 1)3,96 45 K 1111!97 5 K 211:94 88 K 7/16198 83 K 1.1/88 115 K 6,1194 32 K 1111197 4 6'1/94 19 K 7/17/95 110 K 9/1/93 8 K 12/1)94 53 K 2/1193 24 K 11/2193 0K 1011598 25 K 3/31198 57 K 11/1/97 8 K 9/25197 52K 11/1/97 15 K 411)93 28K 411/93 28K 611191 33 K 1/1)91 26 K 11/1197 571( 11/1197 57 K 7/1,94 179 K 7/1/94 36 K 3/1198 356 K 711195 61K &'21198 33 K aa/1191 119K 5,31A6 2.0 9/1)92 111 K 9;1/34 38K 7;1!88 68 K 1!1!133 24 K S)1193 2411K 6/13196 41 5,184 69K 811/98 71 K 11/1193 132 x 11/1/90 20 K 1 i 1 ._41.._._40.. 1 1 1 1 1 1 1 1 REDDING, CA - CRY OF RIVERSIDE COUNTY. CA RIVERSIDE. CA • CITY OF CMMY/COUNTY PERMS. CA -CITY Of PITTSSURQ. CA. CITY OF RANCHO MIRAGE. CA -CITY WIN WIN UNX WIN ROCK IN, CA - CITY OF WIN ROSEVILLE. CA- CITY OF WIN SACRAMENTO. CA . CITY OF WIN SAN BERNARDINO COUNTY, WIN SAN BERNARDNO COUNTY, WIN SAN BERNARDINO, CA • or UNX SAN DIMAS, CA• CITY OF WIN SAN DIMAS, CA. CRY OF PC. SAN JOAQUIN COUNTY. CA WIN SAN LEANDRO, CA - C(TY OF HP. SANGER. CA • CITY OF PC. SANGER, CA • CITY OF PC - SANTA MONICA, CA • CIT' O WIN SANTA MONICA, CA - art O UNX SANTA ROSA. CA - CRY OF WIN SHASTA COM?. CA PC• SIMI VALLEY, Cl • CRY OF WIN SOLANO COUNTY. CA W W SONOMA COUNTY, CA PC. SONOMA , CA • CITY OF WIN SUI3UN, CA • CITY OF WIN TEMECULA, CA • CITY OF WIN TEMECULA . CA • CITY OP PC• IRUCKEE. CA • TOWN Of WIN NLARE COUNTY, CA UNX JPIANO, CA • CITY OF WWI /ENT URA COUNTY. CA WIN nSAUA, CA-' lTY OF WIN rtSAUA, CA • CRY OF uNx !STA. CA • CITY OF pC- IALNUT CREEK. CA • CITY PC- rAtSONV1L.LE, CA- CITY OF WIN ZEST COVINA, CA • CITY OF WIN EST HCLLYW000. CA• CI WIN EST SACRAMENTO. CA - C WIN RBA LINDA, CA • CITY OF WIN HOW CONTAC:rNAME WIN GREG LEE PC. JULIE WCDORUFF JOt4N URBARRI JOHN KI:ANEY DAVID HEXEM JANET CODY SEWEL BUSS POWELL JOE ACCURSO JOHN KREFT DON CASAIMAN TIM KELLEY JANIS /NOELS ERIC BEIISTEN ERIC BEIL19IEIN STEVE SNYDER DALEMARIAE3LO DENNIS WATT neve SCHWAR TZ VINCENT C HANG VINCENT c WAG MITCH WIPPERN JOHN STRAHAN GINA C HEN•{d7/ JONAS THOMPSON BRAD C.HORRALL WAYNE MUCK JR. DANE'. KASPERSON THOMAS IAFEU THOMAS HAFEU BILL MILLER A LICIA BEAL JEFF BLOOM PEGGY MCGORY JEFF COLLOM JEFF C1QLLUM MARK 8EAUI MAMP GARY CHAN DAVE NIWAMS MAUREEN NELSON ASPET AMIRKNANIAN STEVE THOMPSON PAT HALEY PfIONE (909) 943.6003 (925) 439-4908 (760)321.4511 (630) 32!5.4020 (909) 955.1831 L (009)782-5778 (916) 832-4016 (916) 7745127 (916)264-0930 (809) 387.4146 (109) 384.5010 (909) 394443263 (909) 394-6283 (209) 4884145 (510)5774395 (559) 876.6320 (63$) 875.7613 (9100 456.8381 (31 0) 458.381 (707)643-3221 (53g226-5789 (805) 68343327 (707) 4214340 (707) 6654201 (707)938.3743 (707) 4217316 (909) 894.8.44 (909) 694.5444 (530) 682-7820 (559) 733.6537 (9091931.4131 (805► 854-2891 (559) 738.3494 (3591 7364496 (760) 7264340 (510) 943.6899 (408) 728.6018 ((,25) 814.8472 (323)8484485 (916) 373.5804 (714) 981.7131 SINE POA 8✓18/97 26 K 1/1/95 481( 8/14/)8 10K 7/15188 0 K 1011/94 1171 K 2125197 238 K 1/27197 20 K 6,2Q'97 50 K 81311@6 370 K 6/798 0 K 8/2,98 0 K 2'1135 165K SI/38 OK 711/94 33 K 10/15/98 502K 9/1/91 69 K 2/1192 17K 2/1/92 17 K 4/29/98 358K 3/1/90 100K 3/1/96 114 K 5/1/95 148 K 11/4/98 101 K 11/1/96 341 K 4/1/94' 389K 6116/98 0 K 6126198 0 K 6►15097 40 K 7/1/92 28 K 3112/08 41C 5/1/86 312 K 11!(/89 64 K 8/.8/98 670 K 7120/98 78 1( 3/1/92 781/ 1011192 72 K 12/1191 81 K 6/1/98 32 K 8/1/96 97K &118196 371( 1011195 29 K 12/4/96 53 K COLOMDO CITY 1COUMTY !IDW BRECKENRIDGt CO -CRY WIN FORTCOLJNS, CO • CITYO WIN LARDER COUNTY, CO WIN LOW+IGMON T. CO • CITY OF WIN LtUI88VIILE. CO- CITY OF wry summit COUNTY. CO WIN SUMMIT COUNTY. CO PC- VAIL, CD. CITY OF PC- WELQ COUNTY, CO PC - WELD COUNTY, CO WIN CONTACT NAME QWNYGRIFFIN DAN COLDIRON GAYLE MORGAN JIM BAWEr CHRIS GREENWALC JERRY WOOLFIIDGE JERRY WOOLDRIDGE SUSAN CONNELY DANHUERTER KEN HAILE J'1YONE (970) 433.3180 (570)221.5802 (970) 498-7685 (303)651-8322 (303) 666-6565 (970) 668.4090 (970)688.4090 (970)479-2140 (970) 356.4000 (970) 356.4000 SINCE POP 1,27/98 2 K 219/98 88 K 8tt2/95 187 1( 712198 O K 4/1:3/97 19 K I1/23/95 13 K 1/1/93 13 K 7/1193 4 K 1011194 132 K 629/98 132 K CONNECTICUT 1 MASNANTUCKET PEQUOTT WIN MARGE WATERS (860) 3694230 1411197 0 K FLORIDA GAINESVILLE, R. - CITY OF WIN GAINESVILLE, R. • CRY OF WIN HILLSBOROUGH COUNTY. F L NK HILLSBOROUGH COUNTY, F UNX LEON COUNTY. FL uroc ORANGE COUNTY, FL WIN OSCEOIA COUNTY. FL UNX TAL A dASSEE, FL - CITY OF UVX TALLAHASSEE, FL- CITY of WIN WEST PAW BEACH. FL • CIT PC - JIM GARRETT LOROSE RANCOR BILL RUSSELL PATCOSGROVE GWAN GARRISON 809 HILDRBTH BILL DENNIS PARK MALLOY PARK MALLOY KEW MARSH (352) 234-5030 (362 334-5030 (813) 272.6351 (813) 272-5153 (650) 48-4300 (407) 836.6508 (407) 847.14/4 (6.70) 991-8111 (830) 891-6111 (561) 659.8019 7/16198 0 K 7/16198 0 K 1/1/90 835 K 1/1190 835 K i2/t/98 193K 11/17/97 878 K 11/1193 108 K 12/1/~13 126 K 2/13/98 195 K 1/1/93 68 K 10/1110 IDAIO FALLS. 8 - CITY OF PC- MICNELLE CLARK QUIC POCATELLO, ID - CITY OF WIN BERT HULSE (208) 529-1270 (208) 234.4221 4/1191 44 K 6/10/96 50 K BLOOM1Nl3TON, IL - CITY OF WIN BLODMINGTOH. IL • CITY OF HP- DANVILLE, IL • CITY OF WIN ELK GROVE VILLAGE. IL - CI PC- HINSDALE, IL - VILLAGE OP WIN MADISON COUNTY,11. WIN MUNDELEIN, IL • VIUAQE OP PC. MUNDELEIN. IL, - VILLAGE 0 WIN PAPS( RIDGE, L - CITY OF WIN WH ATCW,IL•CITYOF WIN ILLINOIS MARK HUBER MARY WNALEY DOUG PASQUALE MARY PYE JOHN LEBEGUE JOSEPH D. PARENTE MILES KAHt.E MILES KA61LE LARRY BEYMER DAVE MAHALEK (3 09) 823.4264 (309) 4342308 (217) 431.2325 (847) 357-4232 (630) 789-7037 (618) 692-7040 (847) 9494283 (847) 949-3283 (847) 318-S295 (630) 260.2179 10%2998 4/1/93 8/18,97 911194 5/19195 8/11/98 2!1/95 4/19/98 4/15198 6/6/98 52K 52K 34 1( 34K 161C OK 22 1( 22K 37K 52K 101V114 1 URBANDALE. IA - mil, OF WATERLOO, IA • CITY OF WATERLOO, IA - CITY OF PC- PC - WIN PAUL DEKKER JIM QUINT JIM {QUINT (515) 2783935 (319) 2914598 (319) 291-4598 7/1/93 4/1/91 10/13/97 24 K 67K 80X .....c nest Nre L`/1 WIN TERRY WEBS (303)795.4446 2/1/97 392K JO ATAS nn, R, err +SAM 64K 1 r/couv7Y IIDW CONTACT NAME PHONE SINCE POP EVEPORT, LA • CITY OF PC. EVEPOAT, LA -CITY CF WIN EVEPORT. LA • CITY CF WIN EVEPORT, LA - CITY OF WIN LOUISLANNA MAJOR (QOMER) PYLES (318) 6734150 MAJOR (GONER) PYLES (318) 8734152 RALPH FNDLEY (318) 673.5704 CHARLES LEWIS (318) 873.5718 211192 1028190 10/28198 10/29/88 199K 240 K 240 K 240 K M4RIZAN1) 91iNGTON COUNTY. MD PC- RANDY M. DICK (301)7914070 211/91 CITY/COUNTY MASON, OH - CITY OF RDU CONTAC7`NAME PHONE SINCE POP WIN GREGORY NICHOLLS (513) 3964035 1214,'96 12 K I } EOMCND, OK • QTY CF OKLAHOMA WIN SARA COBB (405) 359-4517 3/12.98 53K 1 L ALBANY, OR - CRY OF BEAVERTON. OR- CITY OF HP• 122 K 1 MAMMAS COUNTY, OR IJNX CURRY COUNTY, OR PC - )OVER, MA • TOM OF )0V1IR, MA • TOWN OF M JNGHAM, MA • CI)Y OP PC - WIN wtM MASSACJR/SETFS LAURA DEGROOT LAURA DEGROOT ALAN HOLT (978)6234310 (978) 623-8310 (508) 620.4829 44190 6/15+98 8/12196 65 K HIGAN • STATE OF WIN 4, MI - CITY OF PC. 1,MI-CRY OF WIN N, MI • CITY OF PC• 1.10UTH, MI • TOWNSHIP PC- JTHF)ELD, MT - CITY OF PC. JrHR£LD. MI - CITY OF PC - RUNG HEIGHTS. MI • CR HP - MICHIGAN BOB NEMETH SHEILA WEBER GERRtE HOBBS LAURI LAECHU 808JANKS SUSAN ARMSTRONG JACKIE HEIKKNEN LOTS GATES (517)241-9241 411/95 (248)347-0441 2/191 (248)347.0431 211/91 (734) 4534840 5'1/95 (248) 354.9510 4/1/94 (248)354.6275 4/1/94 (810)977.6123 2/1/90 900010 34K 34K 34K 101 78K 781 118K OMINOTON, MN • CM O WAN TEVRLLE, MN • CITY OF PC- MINNESOTA DON ERICKSON ED BURRELL )GETON, MO • CITY OF PC- rTON. MO • CITY OF PC - 1 SUMMIT, MO- CITY OF WIN MISSOURI RICHARD HOUCHIN STFYE L. ASKNJS DE61REf HOURINL3AN (612)946.3877 (612) 490.2210 (314) 739.7885 (314) 7274100 (816) 969.7472 11/17/97 .." 87K 1/1/90 34 K 3/1/94 7/1/133 9/1/93 1 18K 141 47K DIN. NE • CITY OF WIN X.N. N! ,CITY OF HP - NEBRASKA RODGER HARRIS RODGER HARRIS NEVADA (402) 441.6450 M3/97 194 K (402) 441-6450 1/1/91 192 K KS, NY • CITY OF K>E COUNTY, NV 10E COUNTY, NV WIN RICK RAREUTTHER PC- LORI PICCIN(NI PC. KAREN KREMERS (702) 353-7416 (702) 328-2574 (7172) 328-3733 0/1186 5510 9/1/91 255 K 9/1/91 255 K NEW YORX KHAVEN, NY • CITY OF WIN DENNIS COLE (61G) 451.6289 311/95 OK 11 1NATI. OH • CITY OF WIN - •-.. nr u,n,d OHIO BARBARA QUINN sTAM REELER (513) 352.1441 (613) 595.5217 52&98 365 K 2/24197 19 K w 1,9 V it J s K HILLSBORO, OR- CITY OF WIN K JEFFERSON COUNTY, OR PC - 9 LAKE OSWEGO, OR - CITY O WIN LANE COUNTY. OR WIN LINN COUNTY, OA WIN LINN COUNTY. OR WIN MARION COUNTY, 013 1JNX • MCMNNVILLE, OR - CITY OF PC - OREGON OBCA • STATE OF PC - OREGON OBCA - SIAM E CF PC - WASHINGTON COUNTY. OR LIN% OREGON WIN JULIE BLOOM DAVE HUGHES TERESA ASCH GARY ARTMAN GREG MONT MAUREEN LUGAR MARIS 6UX TON JOHN COLE ANGIE THOMPSON STEVE MICH AELS PAM MEFFORO LORI STRAHM RON OLSEN MIRJANA PRATHER KEVIN BA881T3 (541) 917-7569 (503) 528-2471 (503) 650.3456 (541) 247.7011 (503) 681-6221 (541) 475.4482 (503) 635-0286 (541) 682.3952 (541)967-3d 16 (541) 967-3416 (503) 588-6351 (503) 434.7312 (503) 373-1246 (503) 947.7327 (503) 6484721 7/6,98 30 K 7/1191 54 K 1:1/90 279 K 12/1/93 20K 8/4/95 38 K 1/1/95 14 K 2/3/97 31 K 5'6+96 283 K 4114197 92 K 4/14/97 92 K 10/1193 229 K 1/1195 t8 K 5/1193 3040K 5/1193 30001 4/1/89 3121 PENNSYLVANIA MANHEJU TOWNSHIP, PA • C PC- MANHEIM TOWNSHIP, PA - C PC - PITTSBURGH BLDG, PA - CIT PC - PITTSBURGH ELOG, PA CIT WIN PITTSBURGH PYY, PA • CITY PC 8081/4 CHURCH LNDA WHALEN WAYNE BOSS(NGER WAYNE BO `'. LAGER 809 HESTER (717) 569-6408 (717) 569.6406 (412) 2554791 (412) 255-6791 (412) 255-8961 1/1/94 1/1/94 1/1/X3 6K 6K 3701 500 K 12/1)33 500 K SOUTNCAROLINA HILTON HEAO ISLAND, SC • WIN GAY WATSON (843) 341-4798 10/17197 24 K TENNESSEE 1 KNOXVILLE, SN - CITY OF KNOXVILLE, TN - CITY OF SHELBY COUNTY, TN SHELBY COUNTY, TN WIN WIN WIN WIN JANET WRK3tR NANCY TOMPKNS TERRY HUGHES ANDREW BISHOP (423) 215-2225 (423) 215-2658 (901) 385-5182 (901) 545-4151 6/197 &1.97 6/3098 6/30/98 16EK 165K OK OK TRX4S EL PASO, TX -CrrY OF FRISCO. TX • CITY OF GARLAND, TX • Cr(Y OF LONGVIEW, TX -CITY OF WIN PC• WIN WIN JULIE KOSKI ANGELA MAYA PAT GOSS 8ERN1E SMITH (915) 541-4197 (972) 235.5525 (972) 205-2301 (903) 237.1066 7/17/97 5/1/94 8/14/98 10/16,98 516K 7K 185K 71K UTAH t PARK CITY, UT • CITY OF PARK CITY, UT • CITY OF PC - WIN ROBERT TAYLOR ROBERT (908) TAYLOR (435) 6155100 (425) 6155100 7/1193 SK 7/14/96 5K VIRGINIA .1 • G) 0 r✓ 2 0 C ru u•, cc 0 0) nnas »s!.-/Ans 3/1;)98 171 K 1 1 1 TY/COUNT MDIY COI' ACTNAME PRONE SINCE POP CITY/COUNT MDH' CONTACT NAME PJ1ONE SINCE POP 1YASNm0TON 1rMERTON, WA - WY OF PC. ARK GOtflm. WA HP. Af0( COUNTY. WA HP - ES MOINES, WA • CITY OF WIN NG COUNTY, WA WIN NG COUNTY, WA WIN 4KEWO30, WA - CIi•Y OF WIN 4KEWC00 WA - CITY OF WIN AKE w000. WA - CM( OF WIN EWIS COUNTY, WA WIN YNHW00D, WA - CITY OF PC. YNHWOOD, WA - CITY Of PC. MRY3VILLE, WA • CI Y CF WIN AQUNTLAKE TERRACE, WA PC- 'ACIFIC COUNTY, WA PC- REDh1OND, WA • CITY OF WIN REcMOND, WA -CITY OP WIN RENTON, WA • CITY OF PC- RENTOH, WA - CITY OF WIN SKAGIT COUNTY, WA PC- SKAGIT COUNTY, WA WIN RJKWILA, wA - CITY OF PC- /AI'ICOUYFR, WA • CRY OF HP• YO00INYICLE, WA • CITY OF WV JANETJ.NCEFORD DIANE AARHUS PA1.SCHAFER RON PIKE ANDY DUKE RON BISHOP VIVIAN DAY TRACY GRAUSETH RAY MILLER STEVE MALONE LEONARD DOWER BEUNDA BEARDSLEY MARV SEABRANDS ANDY SEAMAN LYNDA APARIG*O TRACI D18HER JAN CONKLIN JAN CONKLtN COREY SCHMIDT MIKE ALMVf(6 KELCIE PETERSON PAUL EDGERTON DEAN MCKEE (360) 475.5275 (360) 699.7648 (360)737.6121 (206) 570.6EE32 (206)29816627 (206)296-5707 (206) 298.6707 (510)748-4533 (253) 512-2261 (360) 740-2606 (425) 870-6293 (425) 670-&622 (360) 8514105 (426) 776-1161 (360) 875.9368 (426) 668.2438 (425) 556.2420 (425)277-6176 (425) 430.7274 (350)336-9410 (360) 336-9405 (206) 431-3670 (369) 696.8005 (425) 489-2754 1011/94 39 K 10/1/88 239X 10/1/88 239 K 2/9/98 18 K 4/1696 1500K 4/15198 1500K 10 37 61 K 10/8497 61 K 10/8+97 61 K 8/11197 SO K 8/1/94 29 K 8/1/94 29K 7/21/97 11 K 1111/94 201( 9/1/94 14 K 10129/96 36 K 10/29486 38 K 3/1/93 44 K 11/4/99 44K 1/1/94 00K 82 K 1/1192 12 K 511789.4' 47K 124/97 2 K WISCOA"SIN T. CROIX. Wi - crrY of PC- BRUCE CALLEN (715) 3884729 1 2/1191 51 1( WYOMING ATRONA COUNTY, WY WIN CHRIS ASBURY (307) 235.9360 8(3198 0 K `PERMITS' Plus® AGREEMENT BETWEEN Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and Village of Key Biscayne, FL hereinafter referred to as User Executed this _ day of , 1999. User must execute this agreement and return to SCSI by February 15, 1999 to be valid. RECITALS SCSI provides the `PERMITS' Plus ® System, hereinafter referred to as "Software" SCSI provides this "SOFTWARE" and licenses its use. Customer Village of Key Biscayne Address 85 W. McIntyre City/State/Zip Key Biscayne, FL 33149 Product Name `PERMITS' Plus SCSI Reference No : WIN98 Release No 3.0 or Higher No. of Licenses 8 License Fee $15,495.00 (Using Access Database) $ 9,500.00 (PERMITS'Net'M) ($17,664.80) (Credit for amount paid toward `PERMITS'1M system in 1993) $ 7,330.20 TOTAL TERMS AND CONDITIONS OF AGREEMENT BETWEEN SCSI AND USER GENERAL CONDITIONS OF THE "SOFTWARE" LICENSE A1.00 HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement A2.00 MODIFICATION. No modification or variation of this Agreement shall be valid unless in writing signed by both parties. A3.00 SEVERABILITY If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have the broadest scope permissible under the law of said jurisdiction, and if no validating construction is possible, shall be severable, and all other provisions hereof shall remain in full force and effect. A4.00. DELAYS. 01. Neither party shall be liable, in damages or otherwise, for any delay in the installation and implementation of the "Software" or any component thereof or any service to be rendered by it hereunder, or for failure to give notice of any delay, when such delay is due to the elements, acts of nature, acts of civil or military authorities, acts of the other party which are not provided for in this Agreement and which cause unreasonable delays in this Agreement by the other party, any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control, or any other causes beyond the reasonable or actual control of the party. Each party's schedule of performance shall be extended by a period of time equal to the time lost because of any such delay, provided written notice has been given to the other party of such delay and its estimated duration, within five (5) days of the time the party has actual knowledge of such delay. .02 Notwithstanding the foregoing, in every case, the delay or failure to perform must be beyond the control, and without the fault or negligence of, the party claiming excusable delay. A5.00. PAYMENT. .01 The sum of $ 7,330.20 which shall be paid within thirty (30) days upon signing of this agreement. Delivery shall be the date the "Software" and documentation is delivered. The delivery date shall be within thirty (30) days after SCSI has received this signed/executed Agreement .02 User agrees to pay any tax for which it is responsible hereunder, or which is assessed against User directly, exclusive however, of income taxes based on the income of SCSI. If any such tax is paid by SCSI, to reimburse SCSI therefore upon receipt by User of proof of payment. KerBrscavne-hc doc 1 USER SCSI'17:4— .03 This Agreement and the shrink wrap Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreements or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both User and SCSI. .04. This License fee does not include installation services. These services are specified in Exhibit 'A', Installation Services. A6 00 PATENT AND COPYRIGHT INDEMNITY. .01 SCSI agrees to defend, hold harmless and indemnify User from and against any claim, action, liability, cost or damage for infringement of any patent, copyright or similar property right (including, but not limited to, misappropriation of trade secrets) based on any "Software" or any other materials furnished hereunder by SCSI. SCSI shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise, unless otherwise mutually agreed to in writing by the parties hereto A7 00. RELATIONSHIP OF PARTIES .01. At all times during the term of this Agreement, SCSI shall be an independent contractor and shall not be an officer, agent, or employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement. .02 Nothing contained in this Agreement shall be deemed to create a partnership or joint venture Neither party shall incur any debts or make commitments for the other party. A8 00 "SOFTWARE" SECURITY AND ACCESS. 01. Each party acknowledges that all information concerning the other party is "Confidential and Proprietary Information". Each party agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than its own employee who must have such information for the performance of obligations under this Agreement), unless authorized in writing by the other party. 02 All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI will instruct its personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes publicly available, is already rightfully in SCSI's possession, is independently developed by SCSI outside the scope of this Agreement, or is rightfully obtained from third parties. A9.00. USERS INSTRUCTION 01. SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on User's premises, obey all reasonable instructions and directions issued by User. 02 Unless otherwise agreed to by the parties, SCSI personnel, while working on User's premises, shall observe the working hours, working rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and materials which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to minimize any disruption to User's normal business operations .03. User shall be responsible for the input of all data into the computer memory and for reconciliation and accuracy of that data and for taking such administrative steps necessary to input that data. 04. User acknowledges that (I) any modification, change, addition or substitution to the "Software" or Data Base structure made by the User or any other third party (ii) any interfacing of the "Software" or Data Base with any other program, programs or any other routines, or (vi) any changes to the operating environment may cause "Software" performance degradation or malfunction User further acknowledges that any corrections to degradation or malfunction caused by such modifications, interfacing or change shall be made at the sole request and expense of User, and SCSI shall have no responsibility for any consequences thereof .05 The "Software" product, data structure, field descriptions, field definitions, and data relationships are subject to change without notice These changes may result from product development, enhancements, additional features, bug fixes and/or circumstances beyond the control of SCSI Additional tables and relationships may be added or removed as product development standards dictate. Third party applications (those applications or facilities not supplied by SCSI) which may utilize and rely on the data structure and specific relationships may be adversely affected by these changes Third party applications may be rendered inoperative, or produce results which are inaccurate or unreliable due to modifications of the data structure These anomalies, when created by changes in the "Software" data structure, within third party applications are not the responsibility of SCSI nor covered under any level of software maintenance agreement .06. SCSI, as a policy, does not provide assistance or additional activity development on permit or activity types which have been developed by non -SCSI employees running in conjunction with the "Software". SCSI has no certification program for third party providers of developmental services within the "Software", nor does SCSI recommend the use of third party assistance providers. Activities and permits developed for agency use are not covered by any level of software maintenance. KetBcscat'ne-lie doe 2 USER SCSI .07 SCSI recommends and supports the network configurations as specified in the most recent release of the "Software" implementation guide. No other network configurations, specifically any configurations differing from those specifications are supported and/or covered by any level of software maintenance. Any assistance rendered in support of configurations not specifically approved in advance will be billed at the prevailing time and materials rates for such assistance .08. SCSI shall be entitled to rely upon as accurate and correct any specifications, criteria, maps or any other data furnished by User or others. If subsequent errors are discovered in data furnished by User which necessitate redoing services, SCSI shall be compensated for such extra services. SCSI shall not be liable to User for errors or omissions in data furnished by User A10 00. SCSI INSTRUCTIONS 01 SCSI shall be responsible for delivery of the "Software" Source Code to SCSI's escrow account. Source code for the most current version will be made available from the escrow agent to User if: a) The most current version of the "Software" is not supported by SCSI In such case, copies of the "Software" written by SCSI and documentation will be provided to the User under the terms of the Maintenance Agreement. Source Code will be made available for a fee equal to the License Fee. User has unrestricted access to the "Software" it has accepted from SCSI, but may not transfer source code or documentation to any other agency, commercial or private business under any conditions All 00. APPLICABLE LAW .01. This Agreement shall be governed and construed under the laws of the State of California Any action to enforce the provisions of this Agreement shall be filed in a court located in the County of Tulare, California. Al2 00. SOFTWARE LICENSE 01 SCSI grants and User accepts upon the terms and conditions contained herein, non-exclusive, non -transferable, perpetual license to unlimited use of the "Software" solely for User's own purposes. The license granted under this Agreement authorizes User to use the "Software" in machine readable form by 8 concurrent users. The "Software" shall include in its meaning, documentation and technical information provided to User in written form for use in connection with the "Software" .02 SCSI warrants that it has good title to such "Software" and that User will have undisturbed use of the "Software" in accordance with the terms of this Agreement. .03 User expressly agrees that it will not sell, lease, assign or in any way transfer, such "Software" or any rights herein to any person, partnership, corporation or other entity 04. User shall include and shall not alter, remove or conceal, any copyright, trade secret or other proprietary notices on the "Software" 05 Title and ownership to the "Software" and Intellectual Property Rights is not hereby nor in any other way transferred to User User acknowledges that SCSI retains the exclusive right to sell, lease, license, assign, or otherwise transfer the "Software" (and any module thereof) and that SCSI may enter into similar or identical conveyances of similar or identical rights with other SCSI clients 06 User may not cause or permit disclosure of, or access to, the "Software" in whole, in part or in any form to any person, firm, corporation or other entity who or which are not salaried employees of the User without the expressed prior written consent of SCSI. 07 The User acknowledges that the "Software" contains valuable proprietary information and trade secrets and that unauthorized dissemination of the "Software" (including, without limitation, disassembly, decompiling or reverse engineering) could cause irreparable harm to SCSI 08 The User shall not make copies of the "Software" except that reserve copies of a magnetically recorded "Software" that is delivered on tape or magnetic disk media may be made to protect against "Software" destruction for back-up procedures .09 The User may copy documentation for its own use provided that copyright and other proprietary notices on any copies are made in accordance with SCSI or its supplier's instructions. A13 00 WARRANTIES. .01 SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction contemplated hereby and that this Agreement is not in conflict with any other Agreement to which SCSI is a party or by which it may be bound. .02. SCSI believes the "Software" to be accurate and reliable. Much care has been taken in its preparation, however, except as provided in A13.00.03, the "Software" is provided "as is", without warranty of any kind, either expressed or implied, except as provided in 03 below In no event, will SCSI be liable to User or any other party for damages, including lost profits, lost savings or other incidental or consequential damages arising out of the use or inability to use the "Software". .03 The "Software" provided by SCSI under this Agreement is warranted to be free from reproducible defects for a period of 180 days from the execution of this agreement. All material and labor to repair any such defects will be provided free of charge for the full warranty period KevBrscui rie-!rc doc 3 USER SCSI / This warranty is void if: (a) The "Software" is used in other than its normal customary manner, (b) A "Software" has been subjected to misuse; (c) A "Software" has been subjected to modifications initiated by the customer without the express prior consent and written approval of SCSI 04 The "Software" is year 2000 Compliant and will meet all specifications identified in our manuals. A14.00. WAIVER. 01. It is expressly understood and agreed that no waiver granted by User for any violation of any covenant, term or condition of this Agreement shall be construed to constitute a waiver of the same or any further violation without the prior written approval of the User A15.00 RESOLUTION OF DISPUTES. 01. It is anticipated that disputes between SCSI and the User will be resolved between the parties Disputes or questions of interpretation may be referred to a committee composed of representatives from SCSI and the User. The parties agree that in attempting to resolve disputes they will act promptly, reasonably and in good faith. A16.00. NOTICE. All notices, requests demands and other communication shall be in writing and sent by registered mail, certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices or requests, or demands be sent to a different address. Notices given by mail shall be deemed given upon deposit in the United States mail Notices given by hand delivery shall be deemed given at the time of actual delivery. SCSI Sierra Computer Systems, Inc 1731 West Walnut Avenue Visalia, California 93277 USER Village of Key Biscayne 85 W. McIntyre Key Biscayne, FL 33149 User hereby acknowledges that User has read this Agreement, understands it and agrees to be bound by its terms and conditions. User further agrees that it is the complete and exclusive Agreement between User and SCSI relating to the subject matter of this License. User acknowledges receipt from SCSI of a true copy of tb sAgreement. SCSI By: 1t Z r. /" �.. Typed Robert Ausherman, President Sierra Computer Systems, Inc. 1731 West Walnut Avenue Visalia, California 93277 USER By: Typed Village of Key Biscayne 85 W. McIntyre Key Biscayne, FL 33149 Sam Kissinger Village Manager KerBrscavne-lic doc 4 USER SCSI / EXHIBIT A SOFTWARE LICENSE AGREEMENT - INSTALLATION SERVICES A. SCSI shall provide the following installation services relating to the "Software", up to 180 hours for: 1 Two (2) onsite visits. a. Travel Time 36 hours b. Design Review/Assistance 48 hours c. Development of up to 4 Permits/Activities 60 hours 1. Building Permit -24 hours 2. Electrical Permit —12 hours 3. Plumbing Permit —12 hours 4. Mechanical Permit -12 hours d. Valid Street Name Creation/Conversion 0 hours e. Contractor Database Assistance 0 hours f. Telephone/Management Support 12 hours g. Project Management 24 hours h. Workflow Assistance i. Client/Server Assistance (higher rate) 7 (If more than one department or functional group, add 25 hours each) SCSI reserves the right to adjust these hours as needed within section 1 B Assessor's Database Conversion (One fixed length record input format $ 4,500.00. Note: The User will assist SCSI in the data conversion efforts. The User will supply all data mapping, file formats, data relationships and descriptions of the data field contents in Microsoft Access format. As an alternative, if MS Access format cannot be delivered, data files can be supplied in ASCII fixed length or delimited format in a fixed length record. Files with permit records as the content can be supplied in the above format, one fixed length record per permit C. SCSI shall be paid for Installation Services at the prevailing rate plus reasonable expenses, in addition to the License Fee for the "Software". 1 Installation Services are estimated at 180 hours for a total of $ 16,560.00 . 2 Assistance with `PERMITS' Net'"^ at 15 hours at $92 00 an hour for a total of $1,380.00 D SCSI shall submit bi-weekly invoices to User detailing the installation services provided and the time and expense incurred User shall pay such invoices within thirty (30) days. E. SCSI shall be paid for User and Technical Training at User site 1 User Training classes shall be for four (4) days at a total of $ 4,400.00 plus travel and expenses at User site. SCSI shall submit an invoice when the training is completed. User shall pay such invoice within thirty (30) days. F The total estimated expenses are $ 6,000.00 and shall not be exceeded except upon prior written consent of User. Travel Time will be billed portal to portal, at our then current prevailing rate. G SCSI shall submit bi-weekly invoices to User detailing the modifications provided and the time and expenses incurred. User shall pay such invoices within thirty (30) days. 1. Modifications are estimated at $ 0 . The total amount for the modifications shall not exceed $ 0 except upon prior written consent of User SCSI will retain the exclusive rights to all modifications These modifications may be utilized at SCSI's discretion H Any services required by the User which are not included as part of the Installation Services described in Paragraphs A through G above, will be provided by SCSI at the following rates, plus expenses' Data Base/Network/Connectivity Documentation/Research $64 00/Hour or $512.00 Per Day Assistance $140.00 Per Hour or $1,120.00 Per Day Clerical Support Services $32 00/Hour or $256.00 Per Day Project ManagemenUlmplementation Assistance $92.00/Hour or $736.00 Per Day Additional Onsite Training (Plus Expenses) $1,100 00 Per Day Programming Services/ Enhancements/Mods $92.00/Hour or $736.00 Per Day Overtime above 8 hours per day or 40 hours per week may be billed at 1 '/2 times the prevailing rate. KeyBiscayne-!rc doc 5 USER SCSI `PERMITS' Plus AGREEMENT BETWEEN Sierra Computer Systems, Inc., hereinafter referred to as SCSI, and Village of Key Biscayne, FL , hereinafter referred to as User Executed this _ day of , 1999. User must execute this agreement and return to SCSI by February 15, 1999 to be valid. RECITALS SCSI provides "SOFTWARE MAINTENANCE" for the product listed below Software maintenance provides both software update service and software problem resolution service. While there is no charge for updates while under annual maintenance agreement, substantial product enhancements may carry a nominal charge. Customer Village of Key Biscayne Address 85 W. McIntyre City/State/Zip Key Biscayne, FL 33149 Product Name `PERMITS' Plus SCSI Reference No WIN98 Release No 03 or Higher No. of Licenses 8 Fee Plus Tax $ 4,287.50 (Using Access Database) $ 1,260.00 (PERMITS'NetTM) $ 5,547.50 TOTAL TERMS AND CONDITIONS OF AGREEMENT BETWEEN SCSI AND USER GENERAL CONDITIONS OF 'PERMITS' Plus ® SOFTWARE MAINTENANCE A1.00 HEADINGS. Headings are for convenience only and shall not be deemed to be part of this Agreement. A2.00. MODIFICATION No modification or variation of this Agreement shall be valid unless in writing signed by both parties. A3.00. SEVERABILITY. If any provision of this Agreement shall be construed to be illegal or invalid, the legality or validity of any other provision hereof shall not be affected thereby. Any illegal or invalid provisions of this Agreement shall be construed by a court of competent jurisdiction to have the broadest scope permissible under the law of said jurisdiction, and if no validating construction impossible, shall be severable, and all other provisions hereof shall remain in full force and effect A4 00 DELAYS. 01. Neither party shall be liable, in damages or otherwise, for any delay in the service to be rendered hereunder, or for failure to give notice of any delay, when such delay is due to the elements, acts of nature, acts of civil or military authorities, acts of other party which are not provided for in this Agreement and which cause unreasonable delays in this Agreement by the other party, any delay in transportation or delay in delivery by its vendors beyond its reasonable or actual control, or any other causes beyond the reasonable or actual control of the party. Each party's schedule of performance shall be extended by a period of time equal to the time lost because of any such delay, provided written notice has been given to the other party of such delay and its estimated duration, within five (5) days of the time the party has actual knowledge of such delay. 02 Notwithstanding the fore -going, in every case, the delay or failure to perform must be beyond the control, and without the fault or negligence of, the party claiming excusable delay. A5.00 STATEMENT OF WORK 01. SCSI agrees to perform Software Maintenance While there is no charge for 'PERMITS' Plus `"' updates while under this annual maintenance agreement, substantial product enhancements will be offered under a separate Agreement. .02 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both User and SCSI. KevBtscayne-mar doc 1 USER SCSI /1%2' .03. SCSI shall provide User with a reasonable amount of consultation by telephone to assist the User in software problem resolution of the `PERMITS' Plus ° software, during SCSI's normal working hours. .04. SCSI shall provide User with remedial maintenance of software to substantially conform the software to SCSI's published program specification for that release level of software identified in the most current release. SCSI shall, within a reasonable time period, supply computer program code to correct any reproducible error created by the `PERMITS' Plus ° software, provided that SCSI's diagnostics indicate that such non -conformity or error was in existence during the subscription period or during the initial Warranty Period extended to the User in the purchase agreement for SCSI software. .05 Suspected `PERMITS' Plus ° error conditions will be investigated and corrected by SCSI personnel at SCSI's offices to the extent possible. Onsite corrections shall be at the exclusive judgment of SCSI at no additional cost to the User. User may, however, request that SCSI conduct such investigations and travel to the location of the User at the User's request; User will pay SCSI for reasonable travel and subsistence expenses. If SCSI, in its reasonable judgment, determines that the suspected error condition was attributable to a cause other than an error in the 'PERMITS' Plus ° software or an enhancement by SCSI, the User will pay for SCSI's efforts on a time and materials basis. .06. SCSI may provide the User with unsolicited error corrections or changes to the software, without additional charge, which SCSI determines are necessary for proper operation of its software, and User shall incorporate these corrections or changes into the software within 180 days of release by SCSI. SCSI will provide all documentation changes necessary as a result of changes to the software. .07. SCSI will provide User all enhancements released by SCSI as standard enhancements, and which are generally made available to other users purchasing comparable software during the term of this Agreement. A6 00 TERM OF AGREEMENT. 01. The term of this Agreement shall commence on the 180th day after purchase and shall terminate on the following 30th day of June Thereafter, the Agreement may be renewed on a yearly basis on July 1st of each year, if mutually agreed upon by both parties. The first year will be prorated from the 180th day through June 30th. .02. Payment for software maintenance services must be paid yearly in advance. A late charge equal to 10% of the total invoice amount, will be applied to any invoice not paid within thirty (30) days of the invoice date User may not skip any period and then resubscribe to User support at a later date without paying the fees missed. No refunds will be paid for unused support for Users who terminate support .03 Custom programming/consulting or additional software problem resolution service, will be billed in addition to yearly software maintenance and will be billed at SCSI prevailing rate. These services will be covered under a separate Agreement 04 Exclusive, however, of income taxes based on the income of SCSI, which taxes shall be paid by SCSI, User agrees to pay any tax for which it is responsible hereunder, or which is assessed against User directly, and, if any such tax is paid by SCSI, to reimburse SCSI therefore upon receipt by User of proof of payment. Sales/Use tax will be charged on 50% of the fee. 05 Total payment for software problem resolution service and software enhancements under the terms of this Agreement shall not exceed $ 5,547.50 per year unless approved in writing by both parties. A7 00 RELATIONSHIP OF PARTIES. 01. At all times during the term of this Agreement, SCSI shall be an independent contractor and shall not be an officer, agent, or employee of User. User shall have the right to control SCSI only insofar as the result of SCSI services rendered pursuant to this Agreement 02 Nothing contained in this Agreement shall be deemed to create a partnership or joint venture Neither party shall incur any debts or make commitments for the other party. A8.00. SYSTEM SECURITY AND ACCESS. 01 Each party acknowledges that all information concerning the other party is "Confidential and Proprietary Information". Each party agrees that it will not permit the duplication, use or disclosure of any such Confidential and Proprietary Information to any person (other than its own employee who must have such information for the performance of obligations under this Agreement), unless authorized in writing by the other party or as required by law. 02. No information, reports, documents or any other materials given to or prepared by SCSI, or to which SCSI has access by reason of Agreement, shall be made available to any individual or organization other than User or User's employees without the prior written approval of the User except as required by law. 03 All financial, statistical, personnel, technical, and other information or data relating to the User, which is designated confidential by the User but made available to SCSI in order to carry out this Agreement, will be protected by SCSI from unauthorized use and disclosure. SCSI shall also observe the same or equivalent requirements as are applicable to the User with regard to protecting confidentiality. SCSI shall instruct its personnel to keep such information confidential. SCSI shall not be required to keep confidential any data or information which is or becomes publicly available Kevfrscavne-mat doc Z USER SCSI ,V71' A9 00 HOLD HARMLESS CLAUSE 01 During the term of this Agreement SCSI will use its best efforts to maintain the software free of defects and imperfections that would prevent the software from performing according to the original or then prevailing specifications set forth in SCSI's published manuals. Except for any express warranty contained herein, SCSI makes no warranty of any kind whatsoever, either express or implied, including without limitation, and express or implied warranties of merchantability and/or fitness for a particular purpose. The express warranty and exclusive remedy stated herein is in lieu of all liabilities or obligations of SCSI for damages arising out of or in connection with the delivery, use, or performance of the software or breach by SCSI of any term of this Agreement. In no event shall SCSI have any obligation or liability for damages, whether direct, incidental, consequential, or of any other nature whatsoever, even if SCSI has been advised of the possibility of such damages. A10 00 USERS INSTRUCTION .01 SCSI shall be responsible for ensuring that its employees, servants, and agents will, whenever on User's premises, obey all reasonable instructions and directions issued by User. 02. Unless otherwise agreed by the parties, SCSI personnel, while working on User's premises, shall observe the working hours, working rules and holiday schedules of User applicable to such User premises. User agrees to provide reasonable working space, resources and materials which are necessary for the performance of services under this Agreement, provided, however, that such working space, resources and/or materials are agreed upon by User for such services and the use of any such working space, resources and/or materials is arranged so as to minimize any disruption to User's normal business operations 03. User agrees that all enhancements provided by SCSI shall be the exclusive property of SCSI pursuant to the previous SCSI Software License Agreement 04. User will be responsible for maintaining the computer hardware, communications equipment, telephone lines, cabling, modems, and all other hardware equipment. User will make available computer time for the testing and maintenance of software User will make available all necessary supplies such as paper, magnetic tape, and disks. 05. Software service requires the installation by the User of any industry standard 28.8 (minimum) modem, PC Anywhere software or similar product approved by SCSI at User expense Internet access may also be provided by the User. These types of access will permit SCSI to detect software diagnostics, changes, and corrections from a remote location, when appropriate .06 Maintenance service is provided during SCSI's normal work week. Certain critical conditions may exist which require work outside these hours, and SCSI will make a best effort to respond However, SCSI reserves the right to provide a price quotation and estimate of time for service requested by the User which requires substantial work outside SCSI's normal working hours .07. The "Software" product, data structure, field descriptions, field definitions, and data relationships are subject to change without notice These changes may result from product development, enhancements, additional features, bug fixes and/or circumstances beyond the control of SCSI Additional tables and relationships may be added or removed as product development standards dictate. Third party applications (those applications or facilities not supplied by SCSI) which may utilize and rely on the data structure and specific relationships may be adversely affected by these changes. Third party applications may be rendered inoperative, or produce results which are inaccurate or unreliable due to modifications of the data structure These anomalies, when created by changes in the "Software" data structure, within third party applications are not the responsibility of SCSI nor covered under any level of software maintenance agreement. .08 SCSI, as a policy, does not provide assistance or additional activity development on permit or activity types which have been developed by non -SCSI employees running in conjunction with the "Software" SCSI has no certification program for third party providers of developmental services within the "Software". nor does SCSI recommend the use of third party assistance providers. Activities and permits developed for agency use are not covered by any level of software maintenance. 09 SCSI recommends and supports the network configurations as specified in the most recent release of the "Software" implementation guide. No other network configurations, specifically any configurations differing from those specifications are supported and/or covered by any level of software maintenance. Any assistance rendered in support of configurations not specifically approved in advance will be billed at the prevailing time and materials rates for such assistance Al 1 00 COMPLIANCE WITH LAWS. .01. SCSI agrees to comply with all laws, regulations, rules and guidelines of the Federal, State and Local jurisdictions and any agency thereof governing SCSI and its operations .02. This Agreement shall be governed and construed under the laws of the State of California. Any action to enforce the provisions of this Agreement shall be filed in a court located in the County of Tulare, California. .03. There shall be no discrimination on the basis of race, sex, religion, or national origin against any person employed by SCSI for the performances of services herein described. Al2 00 WARRANTIES. SCSI warrants and represents that it has full authority to enter into this Agreement and to consummate the transaction contemplated hereby and that this Agreement is not in conflict with any other agreement to which SCSI is a party or by which it may be bound. A13 00 TERMINATION. 01 This Agreement automatically terminates on June 30th each year, and is subject to renewal only if mutually agreed upon. KevBucayne-mat doe 3 USER SCSI /1 A14.00. WAIVER. .01. It is expressly understood and agreed that no waiver granted by the User for any violation of any covenant, term or condition of this Agreement shall be construed to constitute a waiver of the same of any further violation without the prior written approval of the User. A15.00. ASSIGNMENT AND DELEGATION .01 User shall not assign, sublet or transfer any interest in or duty under this Agreement without the written consent of SCSI. A16.00 RESOLUTION OF DISPUTES. .01 It is anticipated that disputes between SCSI and the User will be resolved between the parties The parties agree that in attempting to resolve disputes they will act promptly, reasonably, and in good faith. A17 00. NOTICE. All notices, requests, demands and other communication shall be in writing and sent by registered mail, certified mail or hand delivery, addressed to the party's principal place of business herein written. Either party may by notice in writing, direct that future notices, requests, or demands be sent to a different address. Notices given by personal delivery shall be deemed given at the time of actual delivery. SCSI Sierra Computer Systems, Inc. 1731 West Walnut Avenue Visalia, California 93277 USER Village of Key Biscayne 85 W. McIntyre Key Biscayne, FL 33149 A18 00 SCSI INSTRUCTIONS 01 SCSI shall be responsible for delivery of the 'Software' Source Code of `PERMITS' Plus ® to SCSI's escrow account. Source code for those modules will be made available from the escrow agent to User if: a) The most current version of the "Software" is not supported. In such case if User is actively covered under this Agreement, copies of the 'Software' (most current version) will be provided to the User under the terms of this Agreement. The Source Code for all these modules created by SCSI will be made available for a fee equal to the total License fee paid by the User to SCSI. User has unrestricted access to the 'Software' it has accepted from SCSI. However, User is bound by the original terms of their License Agreement and may not transfer the 'Software' under any terms. User hereby acknowledges that User has read this Agreement understands it and agrees to be bound by its terms and conditions User further agrees that it is the complete and exclusive Agreement between User and SCSI relating to the subject matter of this Agreement. User acknowledges receipt from SCSI of a true copy of this Agreement. IN WITNESS WHEREOF,he p3'es have executed this Agreement as of the day and year first above written SCSI By: f'( Typed Robert Ausherman, President Sierra Computer Systems, Inc. 1731 West Walnut Avenue Visalia, California 93277 USER By Typed: Village of Key Biscay e 85 W McIntyre Key Biscayne, FL 33149 Sam Kissinger Village Manager z Kev&scavne-mai doc 4 USER SCSI :/